At Wrongful Death Krause Law Firm, we focus exclusively on helping families pursue justice after losing a loved one to negligence. One of the most common and essential questions grieving families ask us is: Who is legally allowed to file a wrongful death claim in Georgia? The answer depends on your relationship to the deceased and the specific provisions in Georgia Law.
Understanding your legal rights is a crucial first step toward honoring your loved one’s memory and holding the at-fault party accountable.
Georgia Law Limits Who Can Bring a Wrongful Death Claim
In Georgia, wrongful death claims are limited to specific individuals as outlined in the Georgia Code. Only one wrongful death claim can be filed per deceased individual, including all eligible beneficiaries. The law establishes a clear order of priority that dictates who can file and benefit from the claim.
- The surviving spouse is given the first right to file. If there are surviving minor children, the spouse must include them in the claim and represent their interests. However, the spouse can receive no less than one-third of the total recovery, even if multiple children exist.
- If there is no surviving spouse, the surviving children of the deceased may file the claim on their behalf.
- If no surviving spouse or children exist, the deceased’s parents may file a claim.
- If none of the above are available, the personal representative of the deceased’s estate may bring the claim on behalf of the estate. Any damages recovered will be distributed to the next of kin through the estate’s probate process.
Our firm works closely with families to ensure that the correct party brings the claim and that all eligible beneficiaries are correctly represented in the law.
The Importance of a Single, Unified Claim
Georgia’s wrongful death statute is designed to prevent multiple lawsuits over the same tragic loss. This single-claim structure ensures that all potential claims are consolidated into one legal action, which can reduce confusion, prevent conflicting outcomes, and promote fairness in how damages are distributed.
While this may simplify the legal process, it also requires careful coordination. For example, legal delays can occur when parents cannot agree on moving forward or when a personal representative must be appointed for the estate. Our Atlanta wrongful death attorney, Roger Krause, provides clear guidance in these situations to help families avoid unnecessary disputes and ensure the case moves forward effectively.
Why Legal Representation Matters in Determining Eligibility
It’s not uncommon for families to be unsure about who should take the lead in filing a claim, especially when high emotions and relationships are complex. In some cases, multiple individuals may believe they are entitled to file, while in others, no one steps forward due to grief, uncertainty, or family conflict.
At Wrongful Death Krause Law Firm, we help families make informed decisions that reflect the legal requirements and emotional realities they face. We ensure every step is taken carefully and that all eligible parties are represented fairly and respectfully.
Let Us Guide Your Family Through the Process
Filing a wrongful death claim in Georgia is a deeply personal and often complicated process. You shouldn’t have to navigate it alone. At Wrongful Death Krause Law Firm, we are here to provide clarity, protect your rights, and pursue the justice your loved one deserves. Contact us today for a free consultation. Let us help you take the next step with confidence and compassion.